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1972 Supreme(Online)(Kar) 11

MYSORE HIGH COURT
*E. S. Venkataramiah, M. S. Nesargi, JJ.
Karnataka Bank Ltd. Bangalore v. Shamanna K.


1.The above appeals are filed against the orders passed on I.As.10 and 11 in Execution No.7 / 1966 on the file of the Civil Judge, Bangalore City, setting aside the sale of a house belonging to judgment debtor No.2. The sale was held on 22-11-1966.

2. In the said execution proceedings the decree - holder sought to execute a money decree passed in O.S.79/62 on the file of the District Judge. Bangalore. Under the decree the judgment - debtors, K. Shamanna and Lakshmamma, were jointly and severally liable to pay the amount due under the decree. It may be mentioned here that the said decree was consent decree. Under the decree the defendants were permitted to pay the decretal amount in four equal instalments with a default clause stating that in the event of any two instalments being in default, the entire amount would become due. The judgment debtors did not pay the decretal amount in accordance with the decree. The decree - holder therefore, sued out execution to realise the amount.

3. The execution application was filed on 30-4-1966. Notices were issued to judgment debtors 1 and 2. The judgment - debtors filed objections to the execution on 1-6-1966. The case was posted for evidenc





























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